UKVI using carer's premium calculating Adequate maintainance

[Cambrian]

I get carer's allowance so am exempt from the financial requirement. I just had a spouse visa application rejected with the wording: ''your net weekly income ... must be greater than or equal to £149.80. From the information provided, it appears your net income is less than the level of income support a UK resident British family of equivalent size would be entitled to. The adequate maintenance requirement for you and your sponsor is not met.''

So, in making their calculation for a married couple on income support they add carers premium of £34.95 to the basic level of £114.85.


Appendix FM annex 1.7 below is worded erroneously, they are taking criteria other than size of family into consideration.
d) Calculate how much a British family unit (of equivalent size to the sponsor and their family
unit) would receive if they were in receipt of Income Support (C).

Now, there is some justification for doing this in other cases, if you interpret the appeal rulings they site the right way. For instance if one of the family members is disabled, but, carer's premium? I've never actually seen a coherent government explanation of why carers allowance and its offshoot carer's premium are awarded -is it a bribe, reward or wage? It certainly isn't necessarily anything to do with adequate maintenance, because you still get it if you earn £120 a week. But this seems like something that would have to be thrashed out in an appeals court, unfortunately.

Anyway, hopefully this acts as an important heads up. I also appreciate peoples thoughts on launching an appeal, in this case.

[wak9001]

I'm interested to know your total income and outgoings in this case (if you don't mind) , as I applied under the financial exemption due to getting enhanced rated PIP for care and mobility, I also work part time and take home around £350-400 a week so well exceed the standard living amount which they refer to.

If you meet or exceed the standard living amount, how could they refuse you if you clearly demonstrate this. I did a sponsor letter and kept referring to the case which went to court and explained how I met this.

Hope you can appeal and it's overturned if you clearly do meet the requirement.

[Cambrian]

I'm interested to know your total income and outgoings in this case

My weekly income is £114.86, they accepted I had no accommodation costs as I live with the parent I care for. So, I exceed the basic income support rate, if only by a penny. This is why I assumed I'd be successful. Of course once they put carers premium into the equation calculating C the picture is very different. The sad part is, I was offered more money by a relative, enough to satisfy the £149.80 requirement, but refused because of the wording of the appendix.

[wak9001]

That is very tight ... it sucks they refused your application, although they say it's the income which a couple gets, if you are bang on or just over, they see it as being not enough to live off, which therefore defeats the whole purpose of having this as a guideline.

Would you not be better to use the savings and reapply ? as supposed to going down the appeal route which can take a while. Depends how quickly you want the visa to be approved.

[Cassie301]

Hi there. Correct me if I am wrong, but can you please explain why they decided to make the adequate maintenance requirement higher? ( by adding £34 to the threshold ). Or have I misunderstood

[RadAim]

I am reading your post and I am confused as to what is going on in this thread.

Could someone clarify further the carer's premium being added into the equation? Its so confusing.

[Riz881]

Hi there just wanted to find out has your visa application been approved please kindly let me know thank you

[CR001]

Hi there just wanted to find out has your visa application been approved please kindly let me know thank you

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